Md. Code Regs. 26.04.06.09 - Sewage Sludge Utilization Permits
A. Except as provided under the provisions of
§C of this regulation, a person may not engage in the following utilization
activities of sewage sludge, or any product containing this material, without
first obtaining a Sewage Sludge Utilization Permit from the Department:
treatment, composting, transportation, storage, distribution, application on
agricultural land or marginal land, energy generation or incineration,
marketing, conducting innovative or research projects, or disposal or
alternative utilization at a municipal landfill.
B. The Department may not issue a Sewage
Sludge Utilization Permit for the purpose of utilizing sewage sludge to grow
tobacco.
C. Sewage Sludge
Utilization Permits issued under this regulation are not required for the
following persons or activities:
(1) A person
who is engaged in the transportation or land application on agricultural or
marginal land of Class A sewage sludge subject to the following conditions:
(a) The Class A sewage sludge shall only be
transported from the facility that generated the Class A sewage sludge to the
marketing destination in accordance with the transportation requirement in
Regulation .22 of this chapter;
(b)
The Class A sewage sludge may not be field stockpiled (staged) or land applied
in a manner that will cause an undue risk to the environment or public health,
safety, or welfare, or in a manner that causes or is likely to cause a
discharge of constituents to the waters of the State;
(c) The Class A sewage sludge shall only be
field stockpiled (staged) in accordance with Section 1D of the Maryland
Nutrient Management Manual incorporated by reference into COMAR
15.20.07.02 and in compliance with
other applicable State, federal, and local laws and regulations;
(d) The Class A sewage sludge shall only be
land applied on agricultural land in accordance with a nutrient management plan
prepared by a certified and licensed nutrient management consultant or a
certified operator in accordance with the Maryland Department of Agriculture
requirements in COMAR 15.20.04 and in compliance with COMAR 15.20.07 and
15.20.08;
(e) If the Class A sewage
sludge field stockpiled (staged) at a site is otherwise regulated by an
individual or general NPDES Permit, the provisions of that permit will
supersede the requirements in §C(1)(a)-(c) of this regulation; and
(f) In the event of an odor problem, the
Department will notify the person who is applying the Class A sewage sludge
that corrective measures shall be implemented, such as the temporary cessation
of Class A sewage sludge application, or the application of odor control
agents, such as lime, potassium permanganate, or other odor control agents. For
the purpose of this requirement, an "odor problem" is defined as the receipt of
at least one odor complaint regarding the Class A sewage sludge utilization
followed by verification of the objectionable off-site odors by the Department,
or a finding by the Department that odors caused by the utilization of the
Class A sewage sludge are occurring offsite and are sufficiently strong as to
be the likely cause of a complaint;
(2) A person transporting sewage sludge that
was generated in another state for utilization outside of the State of
Maryland;
(3) A person requesting
to transport sewage sludge from a wastewater treatment plant to another
wastewater treatment plant to be utilized for seeding as determined by the
Department if:
(a) The person receives a
written authorization from the Department before the transportation of sewage
sludge from one wastewater treatment plant to the wastewater treatment plant
requiring seeding; and
(b) The
period of transportation does not exceed 30 days unless specifically authorized
by the Department;
(4) A
person requesting to transport sewage sludge from a wastewater treatment plant
during inclement weather conditions, or as a result of a process failure,
equipment breakdown, or any other emergency conditions at the wastewater
treatment plant as determined by the Department to a permitted sewage sludge or
municipal landfill for disposal or alternative utilization if:
(a) The sewage sludge does not contain free
liquid, with the presence of free liquid determined by:
(i) Application of Method 9095B (Paint Filter
Liquids Test) as outlined in the most recent edition of the USEPA Publication
SW-846 "Test Methods for Evaluating Solid Waste", which is incorporated by
reference in COMAR
26.13.01.05A(4);
or
(ii) A comparable test approved
by the Department;
(b)
The person receives written authorization from the Department before the
transportation of sewage sludge from the wastewater treatment plant to a
permitted municipal landfill for disposal or alternative utilization is
commenced;
(c) The person complies
with the requirements for transportation and disposal or alternative
utilization at the municipal landfill established by the Department or
out-of-State authority; and
(d) The
period of transportation does not exceed 30 days unless specifically authorized
by the Department;
(5) A
person requesting the transportation of liquid sewage sludge from a wastewater
treatment plant during inclement weather conditions, or as a result of a
process failure, equipment breakdown, or any other emergency conditions at the
wastewater treatment plant as determined by the Department to another
wastewater treatment if:
(a) The person
receives written authorization from the Department before the transportation of
sewage sludge from one wastewater treatment plant to the other wastewater
treatment plant;
(b) The person
complies with the requirements for transportation established by the
Department; and
(c) The period of
transportation does not exceed 30 days unless specifically authorized by the
Department;
(6) A person
who constructs and operates a sewage sludge-to-energy facility or a sewage
sludge incinerator if the sewage sludge-to-energy facility or the sewage sludge
incinerator is regulated by an air quality permit issued by the Department in
accordance with the requirements in COMAR 26.11.02;
(7) A person who constructs and operates a
sewage sludge landfill if the sewage sludge landfill is regulated by a refuse
disposal permit issued by the Department in accordance with the requirements in
COMAR 26.04.07;
(8) A person mixing
sewage sludge that has been classified by the Department as Class A sewage
sludge with other material if:
(a) The person
demonstrates to the Department that the final utilization of the mixture will
not cause an undue risk to the environment or public health, safety, or welfare
as may be determined by the Department; and
(b) The person receives a written
authorization from the Department before the mixing may commence;
(9) A person who stores bagged
sewage sludge that has been classified by the Department as Class A sewage
sludge as part of commercial activities, such as hardware stores, garden
centers, and nurseries, if:
(a) The period of
storage does not exceed 180 days; and
(b) The storage does not cause an undue risk
to the environment or public health, safety, or welfare as may be determined by
the Department;
(10) A
person who constructs and operates a sewage sludge-to-energy facility or a
sewage sludge incinerator at a wastewater treatment plant if:
(a) The wastewater treatment plant is
regulated by and is in compliance with the sewerage construction permit issued
for the wastewater treatment plant by the Department in accordance with the
requirements in COMAR 26.03.12; and
(b) The sewage sludge-to-energy facility or
the sewage sludge incinerator is regulated by an air quality permit issued by
the Department in accordance with the requirements in COMAR 26.11.02;
(11) A person who installs,
materially alters, or materially extends a sewage sludge storage or
distribution facility at a wastewater treatment plant if the wastewater
treatment plant is regulated by and is in compliance with the sewerage
construction permit issued for the wastewater treatment plant by the Department
in accordance with the requirements in COMAR 26.03.12; and
(12) A person who conducts an innovative or
research project to utilize sewage sludge at a wastewater treatment plant if:
(a) The innovative or research projects, such
as the utilization of sewage sludge in brickmaking, as fuel, in resource
recovery projects, or other projects is conducted in a manner that it will not
cause an undue risk to the environment or public health, safety, or welfare as
may be determined by the Department;
(b) The wastewater treatment plant is
regulated by and is in compliance with the sewerage construction permit issued
for the wastewater treatment plant by the Department in accordance with the
requirements in COMAR 26.03.12;
(c)
If applicable, the innovative or research project is regulated by an air
quality permit issued by the Department in accordance with the requirements in
COMAR 26.11.02; and
(d) The
innovative or research project is regulated by any other applicable permits
issued by the Department.
Notes
Regulation .09 amended effective December 11, 1989 (16:24 Md. R. 2621)
Regulation .09A amended effective April 25, 1994 (21:8 Md. R. 675); August 15, 1994 (21:16 Md. R. 1391); May 15, 2000 (27:9 Md. R. 859)
Regulations .09 adopted effective 41:10 Md. R. 562, eff.
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